| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 171/02 |
| Hearing date | 5 Jun 2002 |
| Determination date | 07 June 2002 |
| Member | WRC Gardiner |
| Representation | D Whitehead ; H MacDonald |
| Location | Whangarei |
| Parties | McRae v Purton & Wright Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Received letter alleging breach of contract - Alleged misrepresentation of information at interview and on pre-employment application form - Never asked to complete application form - Never asked reason for leaving previous employer - No false or misleading information given - No obligation to voluntarily disclose incriminating information - Written contract never signed - No breach of contract - Reasons for dismissal in letter unsubstantiated - Unable to claim reasons for dismissal other than those in letter - Dismissal procedurally unfair - Amnesty in place at time of dismissal relating to pre-employment misrepresentation - No grounds to dismiss for events that happened in previous employment - Remedies - No jurisdiction to provide any other relief as Authority sees fit" - No contributory conduct" |
| Result | Application granted ; Reimbursement of lost wages ($3,800) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Statutes | ERA s113(1);ERA s123;ERA s123(c)(i);Human Rights Act 1993 s86;Human Rights Act 1993 s86(g) |
| Cases Cited | Ashton v Shoreline Hotel [1994] 1 ERNZ 421;BHP New Zealand Steel Ltd v O'Dea [1997] ERNZ 667;Drummond v Coca-Cola Bottlers NZ [1995] 2 ERNZ 229;Harawira v Presbyterian Support Services unreported, Goddard CJ, 11 November 1992, AEC 79/92;Phipps v New Zealand Fishing Industry Board [1996] 1 ERNZ 195;Tupu v Romano's Pizzas (Wellington) Ltd [1995] 2 ERNZ 267 |
| Number of Pages | 16 |
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